US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 West Virginia Code » Chapter 29. Miscellaneous Boards and Officers » Article 25. Authorized Gaming Facility

§29-25-26. Forfeiture of Property

(a) Anything of value, including all traceable proceeds including, but not limited to, real and personal property, moneys, negotiable instruments, securities and conveyances, is subject to forfeiture to the State of West Virginia if the item was used for any of the following: (1) As a bribe intended to affect the outcome of a West […]

§29-25-27. Civil Penalties

The commission may impose on a person who violates the provisions of this article a civil penalty not to exceed $10,000 for each violation, whether or not the person is licensed under this article. The provisions of article five, chapter twenty-nine-a of this code shall apply to any civil penalty imposed pursuant to the provisions […]

§29-25-28. Specific Provision for Video Lottery Games

The commission is authorized to implement and operate video lottery games at one gaming facility in this state in accordance with the provisions of this article and the applicable provisions of article twenty-two-a of this chapter. The provisions of said article apply to this article, except in the event of conflict or inconsistency between any […]

§29-25-29. Video Lottery Terminal Requirements; Application for Approval of Video Lottery Terminals; Testing of Video Lottery Terminals; Report of Test Results; Modifications to Previously Approved Models; Conformity to Prototype; Seizure and Destruction of Terminals

(a) Video lottery terminals registered with and approved by the commission for use at the gaming facility may offer video lottery games regulated, controlled, owned and operated by the commission in accordance with the provisions of this section and utilizing specific game rules. (b) A manufacturer may not sell or lease a video lottery terminal […]

§29-25-3. Commission Duties and Powers

(a) Duties. — In addition to the duties set forth elsewhere in this article, the commission shall: (1) Establish minimum standards for gaming devices and supplies, including electronic or mechanical gaming devices;

§29-25-30. Video Lottery Terminal Hardware and Software Requirements; Hardware Specifications; Software Requirements for Randomness Testing; Software Requirements for Percentage Payout; Software Requirements for Continuation of Video Lottery Game After Malfunction; Software Requirements for Play Transaction Records

(a) The commission may approve video lottery terminals and in doing so shall take into account advancements in computer technology, competition from nearby states and the preservation of jobs at the historic resort hotel. In approving video lottery terminals licensed for placement in this state the commission shall insure that the terminals meet the following […]

§29-25-31. The Specific Video Lottery Duties Required of the Gaming Facility

The gaming facility licensee shall: (a) Acquire video lottery terminals by purchase, lease or other assignment and provide a secure location for the placement, operation and play of the video lottery terminals; (b) Pay for the installation and operation of commission approved telephone lines to provide direct dial-up or online communication between each video lottery […]

§29-25-32. Surcharge; Capital Reinvestment Fund

(a) For all fiscal years beginning on or after July 1, 2009, there shall be imposed a surcharge of ten percent against the share of gross terminal income retained by the gaming facility as provided by section twenty of this article. (b) The Capital Reinvestment Fund is hereby created within the Lottery Fund. The surcharge […]

§29-25-33. License to Be a Provider of Management Services

(a) License. — The commission may issue a license to a person providing management services under a management services contract to a gaming facility when the commission determines that the person meets the requirements of this section and any applicable rules of the commission. (b) License qualifications. — Each applicant who is an individual and […]

§29-25-34. State Ownership of West Virginia Lottery Table Games

All West Virginia Lottery table games authorized by this article shall be West Virginia lottery games owned by the State of West Virginia. A gaming facility license granted to a historic resort hotel by the commission pursuant to this article shall include the transfer by the commission to the historic resort hotel limited license rights […]

§29-25-35. Preemption

No local law or rule providing any penalty, disability, restriction, regulation or prohibition for operating a historic resort hotel with West Virginia Lottery table games or supplying a licensed gaming facility may be enacted and the provisions of this article preempt all regulations, rules, ordinances and laws of any county or municipality in conflict with […]

§29-25-36. Exemption From Federal Law

Pursuant to Section 2, Chapter 1194, 64 Stat. 1134, 15 U.S.C. §1172, approved January 2, 1951, the State of West Virginia, acting by and through duly elected and qualified members of the Legislature, does declare and proclaim that the state is exempt from Chapter 1194, 64 Stat. 1134, 15 U.S.C. §1171 to §1178.

§29-25-37. Game Rules of Play; Disputes

(a) As an agent of the commission authorized to operate West Virginia Lottery table games, the gaming facility licensee shall have written rules of play for each West Virginia Lottery table game it operates that are approved by the commission before the West Virginia Lottery table game is offered to the public. Rules of play […]

§29-25-38. Shipment of Gambling Devices

All shipments of gambling devices, including video lottery machines, to the licensed gaming facility in this state, the registering, recording and labeling of which have been completed by the manufacturer or dealer thereof in accordance with Chapter 1194, 64 Stat. 1134, 15 U.S.C. §1171 to §1178, are legal shipments of gambling devices into the State […]

§29-25-4. Appointment of Commission Staff; Conditions of Employment

The director, pursuant to the provisions of section six, article twenty-two of this chapter, with the approval of the commission, may appoint any professional, clerical, technical and administrative personnel, who shall be state employees hired in accordance with article six of this chapter, that may be necessary to carry out the provisions of this article. […]

§29-25-5. Rules

The commission shall propose for promulgation legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code as are necessary to provide for implementation and enforcement of the provisions of this article. Any legislative rules proposed by the commission before September 1, 2009, may be by emergency rule.

§29-25-6. Law Enforcement

(a) Generally. — Notwithstanding any provision of this code to the contrary, the commission shall, by contract or cooperative agreement with the West Virginia State Police, arrange for those law-enforcement services uniquely related to gaming as such occurs at the gaming facility that are necessary to enforce the provisions of this article. (b) Costs. –– […]

§29-25-7. Local Option

(a) No gaming facility may be licensed to operate in a county until the county commission of the county holds an election on the question of whether a gaming facility may be operated within the county and the voters approve the operation of a gaming facility in the county. The election shall be determined by […]

§29-25-8. Licenses Required

(a) No person may engage in any activity in connection with a gaming facility in this state for which a license is required by subsection (b) of this section unless that person has been licensed by the commission in accordance with this article. (b) Licenses are required for the following purposes: (1) For any person […]

§29-25-9. License to Operate a Gaming Facility

(a) Single license. — The commission may issue only one license to operate a gaming facility. If the one license limitation in the preceding sentence is found to be unconstitutional in a final, nonappealable order by a court of competent jurisdiction, the commission shall have no authority to issue any license under this article and, […]